Cherera, 3 IEBC Commissioners Take Chebukati's Side

In a joint statement on Tuesday, September 6, the four revealed that they accepted the decision by the seven-judge bench and that they respected their unanimous decision.

Cherera, 3 IEBC Commissioners Take Chebukati's Side
All IEBC commissioners meet candidates from areas where election was postponed at Bomas of Kenya on August 22, 2022. /DAILY NATION

The four breakaway Independent Electoral and Boundaries Commission (IEBC) commissioners composed of Vice Chairperson Juliana Cherera, Justus Nyang’aya, Francis Wanderi and Irene Masit have broken their silence following the Supreme Court verdict that upheld President-elect, William Ruto's win.

In a joint statement on Tuesday, September 6, the four revealed that they accepted the decision by the seven-judge bench and that they respected their unanimous decision.

"After the Supreme Court of Kenya made her ruling yesterday September 5, 2022, on the presidential election petition, particularly with regard to our role as Commissioners, we wish to convey our appreciation to the Honourable Judges of the Supreme Court of Kenya and confirm that we respect their collective decisions,” read part of the statement signed by Cherera and the three commissioners," the four stated in part.

Juliana Cherera and Wafula Chebukati while meeting candidates from areas where election was postponed at Bomas of Kenya on August 22, 2022. /FILE

They further maintained that they agreed with the statement by IEBC Chairman Wafula Chebukati to the media on Monday, September 5, hours after the apex court vindicated the commission.

“We also state here that we agree with the statement of the chairperson of the commission which was sent to the media yesterday. We wish to reiterate that we stand by the rule of law and statutes that promote the effectiveness of the work of the commission,” the four added.

On the fallout between him and Cherera as well as the three breakaway commissioners, Chebukati had noted that they were free to do as they wish moving forward and that they were still part of the commission.

"As a commission, we followed the law, and it's up to them and their conscience on what they wanted to do going forward. We have not chased away anyone," Chebukati stated. 

The fallout within the commission first came into the public limelight during the declaration of the presidential results on Monday, August 15, which saw them having a parallel press conference at a Nairobi hotel where they accused the commission of opaqueness.

"We are not at the Bomas of Kenya because we cannot take ownership of the results that are going to be announced because of the opaque nature in which these results have been handled," she said.

The IEBC Vice chairperson added that the aggrieved parties in the process were free to seek legal redress.

That fallout formed part of the main basis of the presidential petition filed by Azimio la Umoja leader, Raila Odinga at the Supreme Court, but Chief Justice Martha Koome ruled unanimously that the seven-judge bench was satisfied with the electoral process conducted by the IEBC.

"Ultimately, notwithstanding the divisions apparent between the Chairperson and four Commissioners, the Court was satisfied that IEBC carried out the verification, tallying, and declaration of the Presidential Election results in accordance with Article 138 (3) (c) and (10) of the Constitution," she ruled in part.

The seven judges at the Supreme Court on September 2, 2022. /COURTESY